Larceny Vs Theft – GetLegal

Understanding the differences between larceny vs theft is essential for navigating the legal landscape effectively. Despite the fact that these terms are frequently used synonymously, they have different legal ramifications. Anyone facing legal issues or trying to defend their rights must be aware of the distinctions between theft and larceny. Let GetLegal serve as your go-to source for elucidating legal ideas and equipping you with the necessary knowledge.

Petty vs. Grand Larceny | Burglary | Theft

While some theft offenses are illegal under federal law, most theft offenses are violations of state statutes. Though there are some small variations from state to state—for instance, in many locations the amount that separates grant larceny from petty larceny is greater—most jurisdictions have similar definitions for larceny, theft, and burglary.

How Does the Law Define Larceny?

Although the word “larceny” is often used interchangeably with “theft,” the actual crime of larceny requires a number of specific elements. In court, the prosecution must provide enough evidence to persuade the jury that all the prerequisites have been satisfied. A jury must acquit otherwise.

To successfully prosecute a person for larceny, the prosecution must show that:

• The defendant (person facing charges) wrongfully took and carried away…
• …the personal property of another person,
• without permission or consent, and
• with the intent to permanently deprive them of the use or possession of that property.

What Does It Mean to “Wrongfully Take and Carry Away” Something?

The individual taking the property must not have any legal claim or title to it in order for the take to be deemed unlawful. It is illegal to remove someone else’s property without their consent or legal authority. Of course, there are instances in which stealing someone else’s property is acceptable. For instance, the lender has the power to seize the items if you pledge private property as security for a loan and you fail to make payments. If they do, it is not theft.

To some extent, being permanently deprived is required in order for the property to be “carried away.” If someone just removes your personal belongings and stays on the property, there might not be any other intention than to hold or observe the property. Moreover, you still have the chance to get the items back.

What Is the “Personal Property of Another Person” Requirement?

Generally speaking, stealing something that is rightfully yours cannot result in larceny charges against you. You are free to return anything that a friend or neighbor borrows from you without their consent. Furthermore, the definition of larceny usually excludes the inclusion of intangible property like labor or services.

What If You Have Permission or Legal Authority?

If a judge grants you permission to take something, you won’t be held accountable for stealing. Moreover, if you take anything with the consent of just one of the joint owners, you are not committing larceny.

Why Must There Be “Intent to Permanently Deprive”?

When something is borrowed instead of taken, it is not meant to be considered theft and carry criminal penalties. You will not be found guilty of theft if you can demonstrate that you intended to use the item temporarily.

Petty Larceny vs. Grand Larceny

The value of the property taken determines whether it is considered grand or petty theft in the majority of jurisdictions. While the exact amounts differ from state to state, grand theft is normally punished as a felony while petty theft is usually treated as a misdemeanor. Stealing specific kinds of property, such animals, or obtaining property by deceit or trickery as opposed to force or fear is also considered grand larceny in some states. Stealing is not the same as robbery when force or terror is involved.

How Does Robbery Differ From Larceny?

A person must actually steal anything in order to be found guilty of robbery; additionally, the crime must occur in the victim’s presence and be carried out with the threat or actual use of force. The robbery victim must also be informed of the illegal taking of property and the possibility of force being used against them. Robbery won’t occur, for instance, if someone steals a car from the downstairs garage while the victim is asleep in an upstairs bedroom (but will likely be charged as burglary).

How Does Burglary Differ From Larceny?

A person must break into a house or other structure—that is, any building that houses people, pets, or property—with the intention of stealing something. Breaking and entering is not always the manner of unauthorized entry. If someone enters an unlocked building without authorization or legal justification and either commits theft there or enters with the intention of stealing, they may be prosecuted with burglary.

Can a Person Be Charged With More Than One Theft Crime for a Single Act?

Indeed. Depending on the efficacy of your attempts, you may face charges for both burglary and real or attempted larceny after a break-in. Similarly, there is an additional charge of larceny for robbery.